A Mead Project source page

Originally published as:

Sixty-fifth Congress of the United States. "CHAP. 30.—An Act To punish acts of interference with the foreign relations,
the neutrality, and the foreign commerce of the United States, to punish
espionage, and better to enforce the criminal laws of the United States, and for
other purposes."
United States
Statutes at Large 40: 217-231.

Editors' notes

We have included this legislation as part of a failed hypothesis
explaining the Department of Justice's involvement in the Thomas
Scandal.

The "Espionage Act of 1917" was intended to expand executive
powers under the "Enemy Alien Act" to execute the "war at home."
In 1918, these powers were extended to the control of seditious speech
by "the Sedition Act of 1918."

We have included this legislation to provide context for the kind of
reglementation that the larger part of the American population was
willing to accept as part of the war effort.

Site Navigation

An Act To punish acts of
interference with the foreign relations, the neutrality, and the foreign
commerce of the United States, to punish espionage, and better to enforce the
criminal laws of the United States, and for other purposes.

Sixty-Fifth Congress of the United States

CHAP. 30.—An Act To punish acts of interference with the foreign relations,
the neutrality, and the foreign commerce of the United States, to punish
espionage, and better to enforce the criminal laws of the United States, and for
other purposes.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled:

TITLE I.
ESPIONAGE.

SECTION 1. That (a) whoever, for the purpose of obtaining information
respecting the national defense with intent or reason to believe that the
information to be obtained is to be used to the injury of the United States, or
to the advantage of any foreign nation, goes upon, enters, flies over, or
otherwise obtains informa-

(
218) -tion concerning any vessel, aircraft, work of defense, navy yard,
naval station, submarine base, coaling station, fort, battery, torpedo station,
dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph, telephone,
wireless, or signal station, building, office, or other place connected with the
national defense owned or constructed, or in progress of construction by the
United States or under the control of the United States, or of any of its
officers or agents, or within the exclusive jurisdiction of the United States,
or any place in which any vessel, aircraft, arms, munitions, or other materials
or instruments for use in time of war are being made, prepared, repaired, or
stored, under any contract or agreement with the United States, or with any
person on behalf of the United States, or otherwise on behalf of the United
States, or any prohibited place within the meaning of ; section six of this
title; or (b) whoever for the purpose aforesaid, and with like intent or reason
to believe, copies, takes, makes, or obtains, or attempts, or induces or aids
another to copy, take, make, or obtain, any sketch, photograph, photographic
negative, blue print, plan, map, model, instrument, appliance, document,
writing, or note of anything connected with the national defense; or (c)
whoever, for the purpose aforesaid, receives or obtains or agrees or attempts or
induces or aids another to receive or obtain from any person, or from any source
whatever, any document, writing, code book, signal book, sketch, photograph,
photographic negative, blue print, plan, map, model, instrument, appliance, or
note, of anything connected with the national defense, knowing or having reason
to believe, at the time he receives or obtains, or agrees or attempts or induces
or aids another to receive or obtain it, that it has been or . will be obtained,
taken, made or disposed of by any person contrary to the provisions of this
title; or (d) whoever, lawfully or unlawfully having possession of, access to,
control over, or being intrusted with any document, writing, code book, signal
book, sketch, photograph, photographic negative, blue print, plan, map, model,
instrument, appliance, or note relating to the national defense, willfully
communicates or transmits or attempts to communicate or transmit the same to any
person not entitled to receive it, or willfully retains the . same and falls to
deliver it on demand to the officer or employee of the United States entitled to
receive it; or (e) whoever, being intrusted with or having lawful possession or
control of any document, writing, code book, signal book, sketch, photograph,
photographic negative, blue print, plan, map, model, note, or information,
relating to the national defense, through gross negligence permits the same to
be removed from its proper place of custody or delivered to anyone in violation
of his trust, or to be lost, stolen, abstracted, or destroyed, shall be punished
by a fine of not more than $10,000, or by imprisonment for not more than two
years, or both.

SEC. 2. (a) Whoever, with intent or reason to believe that it is to be used
to the injury of the United States or to the advantage of a foreign nation,
communicates, delivers, or transmits, or attempts to, or aids or induces another
to, communicate, deliver, or transmit, to any foreign government, or to any
faction or party or military or naval force within a foreign country, whether
recognized or unrecognized by the United States, or to any representative,
officer, agent, employee, subject, or citizen thereof, either directly or
indirectly, any document, writing, code book, signal book, sketch, photograph,
photographic negative, blue print, plan, map, model, note, instrument,
appliance, or information relating to the national defense, shall be punished by
imprisonment for not more than twenty years: Provided, That whoever shall
violate the provisions of subsection (a) of this section in time of war shall be
punished by death or by imprisonment for not more than thirty years; and (b)

(
219) whoever, in time of war, with intent that the same shall be
communicated to the enemy, shall collect, record, publish, or communicate, or
attempt to elicit any information with respect to the movement, numbers,
description, condition, or disposition of any of the armed forces, ships,
aircraft, or war materials of the United States, or with respect to the plans or
conduct, or supposed plans or conduct of any naval or military operations, or
with respect to any works or measures undertaken for or connected with, or
intended for the fortification or defense of any place, or any other information
relating to the public defense, which might be useful to the enemy, shall be
punished by death or by imprisonment for not more than thirty years.

SEC. 3. Whoever, when the United States is at war, shall willfully make or
convey false reports or false statements with intent to interfere with the
operation or success of the military or naval forces of the United States or to
promote the success of its enemies and whoever, when the United States is at
war, shall willfully cause or attempt to cause insubordination, disloyalty,
mutiny, or refusal of duty, in the military or naval forces of the United
States, or shall willfully obstruct the recruiting or enlistment service of the
United States, to the injury of the service or of the United States, shall be
punished by a fine of not more than $10,000 or imprisonment for not more than
twenty years, or both.

SEC. 4. If two or more persons conspire to violate the provisions of sections
two or three of this title, and one or more of such persons does any act to
effect the object of the conspiracy, each of the parties to such conspiracy
shall be punished as in said sections provided in the case of the doing of the
act the accomplishment of which is the object of such conspiracy. Except as
above provided conspiracies to commit offenses under this title shall be
punished as provided by section thirty-seven of the Act to codify, revise, and
amend the penal laws of the United States approved March fourth, nineteen
hundred and nine.

SEC. 5. Whoever harbors or conceals any person who he knows, or has
reasonable grounds to believe or suspect, has committed, or is about to commit,
an offense under this title shall be punished by a fine of not more than $10,000
or by imprisonment for not more than two years, or both.

SEC. 6. The President in time of war or in case of national emergency may by
proclamation designate any place other than those set forth in subsection (a) of
section one hereof in which anything for the use of the Army or Navy is being
prepared or constructed or stored as a prohibited place for the purposes of this
title: Provided That he shall determine that information with respect thereto
would be prejudicial to the national defense.

SEC. 7. Nothing contained in this title shall be deemed to limit the
jurisdiction of the general courts-martial, military commissions, or naval
courts-martial under sections thirteen hundred and forty-two, thirteen hundred
and forty-three, and sixteen hundred and twenty-four of the Revised Statutes as
amended.

SEC. 8. The provisions of this title shall extend to all Territories,
possessions, and places subject to the jurisdiction of the United States whether
or not contiguous thereto, and offenses under this title when committed upon the
high seas or elsewhere within the admiralty and maritime jurisdiction of the
United States and outside the territorial limits thereof shall be punishable
hereunder.

SEC. 9. The Act entitled "An Act to prevent the disclosure of national
defense secrets," approved March third, nineteen hundred and eleven, is hereby
repealed.

(
220)

TITLE II.
VESSELS IN PORTS OF THE UNITED STATES.

SECTION 1. Whenever the President by proclamation or Executive order declares
a national emergency to exist by reason of actual or threatened war,
insurrection, or invasion, or disturbance or threatened disturbance of the
international relations of the United States, the Secretary of the Treasury may
make, subject to the approval of the President, rules and regulations governing
the anchorage and movement of any vessel, foreign or domestic, in the
territorial waters of the United States, may inspect such vessel at any time,
place guards thereon, and, if necessary in his opinion in order to secure such
vessels from damage or injury, or to prevent damage or injury to any harbor or
waters of the United States, or to secure the observance of the rights and
obligations of the United States, may take, by and with the consent of the
President, for such purposes, full possession and control of such vessel and
remove therefrom the officers and crew thereof and all other persons not
specially authorized by him to go or remain on board thereof.

Within the territory and waters of the Canal Zone the Governor of the Panama
Canal, with the approval of the President, shall exercise all the powers
conferred by this section on the Secretary of the Treasury.

SEC. 2. If any owner, agent, master, officer, or person in charge, or any
member of the crew of any such vessel fails to comply with any regulation or
rule issued or order given by the Secretary of the Treasury or the Governor of
the Panama Canal under the provisions of this title, or obstructs or interferes
with the exercise of any power conferred by this title, the vessel, together
with her tackle, apparel, furniture, and equipment, shall be subject to seizure
and forfeiture to the United States in the same manner as merchandise is
forfeited for violation of the customs revenue laws; and the person guilty of
such failure, obstruction, or interference shall be fined not more than $10,000,
or imprisoned not more than two years, or both.

SEC. 3. It shall be unlawful for the owner or master or any other person in
charge or command of any private vessel, foreign or domestic, or for any member
of the crew or other person, within the territorial waters of the United States,
willfully to cause or permit the destruction or injury of such vessel or
knowingly to permit said vessel to be used as a place of resort for any person
conspiring with another or preparing to commit any offense against the United
States, or in violation of the treaties of the United States or of the
obligations of the United States under the law of nations, or to defraud the
United States, or knowingly to permit such vessels to be used in violation of
the rights and obligations of the United States under the law of nations; and in
case such vessel shall be so used, with the knowledge of the owner or master or
other person in charge or command thereof, the vessel, together with her tackle,
apparel, furniture, and equipment, shall be subject to seizure and forfeiture to
the United States in the same manner as merchandise is forfeited for violation
of the customs revenue laws; and whoever violates this section shall be fined
not more than $10,000 or imprisoned not more than two years, or both.

SEC. 4. The President may employ such part of the land or naval forces of the
United States as he may deem necessary to carry out the purpose of this title.

(
221)

TITLE III.
INJURING VESSELS ENGAGED IN FOREIGN COMMERCE.

SECTION 1. Whoever shall set fire to any vessel of foreign registry, or any
vessel of American registry entitled to engage in commerce with foreign nations,
or to any vessel of the United States as defined in section three hundred and
ten of the Act of March fourth, nineteen hundred and nine, entitled "An Act to
codify, revise, and amend the penal laws of the United States," or to the cargo
of the same, or shall tamper with the motive power or instrumentalities of
navigation of such vessel, or shall place bombs or explosives in or upon such
vessel, or shall do any other act to or upon such vessel while within the
jurisdiction of the United States, or, if such vessel is of American registry,
while she is on the high sea, with intent to injure or endanger the safety of
the vessel or of her cargo, or of persons on board, whether the injury or danger
is so intended to take place within the jurisdiction of the United States, or
after the vessel shall have departed therefrom; or whoever shall attempt or
conspire to do any such acts with such intent, shall be fined not more than
$10,000 or imprisoned not more than twenty years, or both.

TITLE IV.
INTERFERENCE WITH FOREIGN COMMERCE BY VIOLENT
MEANS.

SECTION 1. Whoever, with intent to prevent, interfere with, or obstruct or
attempt to prevent, interfere with, or obstruct the exportation to foreign
countries of articles from the United States shall injure or destroy, by fire or
explosives, such articles or the places where they may be while in such foreign
commerce, shall be fined not more than $10,000, or imprisoned 'not more than ten
years, or both.

TITLE V.
ENFORCEMENT OF NEUTRALITY.

SECTION 1. During a war in which the United States is a neutral nation, the
President, or any person thereunto authorized by him, may withhold clearance
from or to any vessel, domestic or foreign, which is required by law to secure
clearance before departing from port or from the jurisdiction of the United
States, or, by service of formal notice upon the owner, master, or person in
command or having charge of any domestic vessel not required by law to secure
clearances before so departing, to forbid its departure from port or from the
jurisdiction of the United States, whenever there is reasonable cause to believe
that any such vessel, domestic or foreign, whether requiring clearance or not,
is about to carry fuel, arms, ammunition, men, supplies, dispatches, or
information to any warship, tender, or supply ship of a foreign belligerent
nation in violation of the laws, treaties, or obligations of the United States
under the law of nations; and it shall thereupon be unlawful for such vessel to
depart.

SEC. 2. During a war in which the United States is a neutral nation, the
President, or any person thereunto authorized by him, may detain any armed
vessel owned wholly or in part by American citizens, or any vessel, domestic or
foreign (other than one which has entered the ports of the United States as a
public vessel), which is manifestly built for warlike purposes or has been
converted or adapted from a private vessel to one suitable for warlike use,
until the owner or

(
222) master, or person having charge of such vessel, shall furnish proof
satisfactory to the President, or to the person duly authorized by him, that the
vessel will not be employed by the said owners, or master, or person having
charge thereof, to cruise against or commit or attempt to commit hostilities
upon the subjects, citizens, or property of any foreign prince or state, or of
any colony, district, or people with which the United States is at peace, and
that the said vessel will not be sold or delivered to any belligerent nation, or
to an agent, officer, or citizen of such nation, by them or any of them, within
the jurisdiction of the United States, or, having left that jurisdiction, upon
the high seas.

SEC. 3. During a war in which the United States is a neutral nation, it shall
be unlawful to send out of the jurisdiction of the United States any vessel
built, armed, or equipped as a vessel of war, or converted from a private vessel
into a vessel of war, with any intent or under any agreement or contract,
written or oral, that such vessel shall be delivered to a belligerent nation, or
to an agent, officer, or citizen of such nation, or with reasonable cause to
believe that the said vessel shall or will be employed in the service of any
such belligerent nation after its departure from the jurisdiction of the United
States.

SEC. 4. During a war in which the United States is a neutral - nation, in
addition to the facts required by sections forty-one hundred and ninety-seven,
forty-one hundred and ninety-eight, and forty-two hundred of the Revised
Statutes to be set out in the masters' and shippers' manifests before clearance
will be issued to vessels bound to foreign ports, each of which sections of the
Revised Statutes is hereby declared to be and is continued in full force and
effect, every master or person having charge or command of any vessel, domestic
or foreign, whether requiring clearance or not, before departure of such vessel
from port shall deliver to the collector of customs for the district wherein
such vessel is then located a statement duly verified by oath, that the cargo or
any part of the cargo is or is not to be delivered to other vessels in port or
to be transshipped on the high seas and, if it is to be so delivered or
transshipped, stating the kind and quantities and the value of the total
quantity of each kind of article so to be delivered or transshipped, and the
name of the person, corporation, vessel, or government, to whom the delivery or
transshipment is to be made; and the owners, shippers, or consignors of the
cargo of such vessel shall in the same manner and under the same conditions
deliver to the collector like statements under oath as to the cargo or the parts
thereof laden or shipped by. them, respectively.

SEC. 5. Whenever it appears that the vessel is not entitled to clearance or
whenever there is reasonable cause to believe that the additional statements
under oath required in the foregoing section are false, the collector of customs
for the district in which the vessel is located may, subject to review by the
Secretary of Commerce, refuse clearance to any vessel, domestic or foreign, and
by formal notice served upon the owners, master, or person or persons in command
or charge of any domestic vessel for which clearance is not required by law,
forbid the departure of the vessel from the port or from the jurisdiction of the
United States; and it shall thereupon be unlawful for the vessel to depart.

SEC. 6. Whoever, in violation of any of the provisions of this title, shall
take, or attempt or conspire to take, or authorize the taking of any such
vessel, out of port or from the jurisdiction of the United States, shall be
fined not more than $10,000 or imprisoned not more than five years, or both;
and, in addition, such vessel, her tackle, apparel, furniture, equipment, and
her cargo shall be forfeited to the United States.

(
223)

SEC. 7. Whoever, being a person belonging to the armed land or naval forces
of a belligerent nation or belligerent faction of an nation and being interned
in the United States, in accordance with the law of nations, shall leave or
attempt to leave said jurisdiction, or shall leave or attempt to leave the
limits of internment in which freedom of movement has been allowed, without
permission from the proper official of the United States in charge, or shall
willfully overstay a leave of absence granted by such official, shall be subject
to arrest by any marshal or deputy marshal of the United States, or by the
military or naval authorities thereof, and shall be returned to the place of
internment and there confined and safely kept for such period of time as the
official of the United States in charge shall direct; and whoever, within the
jurisdiction of the United States and subject thereto, shall aid or entice any
interned person to escape or attempt to escape from the jurisdiction of the
United States, or from the limits of internment prescribed, shall be fined not
more than $1,000 or imprisoned not more than one year, or both.

SEC. 8. Section thirteen of the Act entitled "An Act to codify revise, and
amend the penal laws of the United States," approved March fourth, nineteen
hundred and nine, is hereby amended so as to read as follows:

"SEC. 13. Whoever, within the territory or jurisdiction of the United States
or of any of its possessions, knowingly begins or sets on foot or provides or
prepares a means for or furnishes the money for, or who takes part in, any
military or naval expedition or enterprise to be carried on from thence against
the territory or dominion of any foreign prince or state, or of any colony,
district, or people with whom the United States is at peace, shall be fined not
more than $3,000 or imprisoned not more than three years, or both."

SEC. 9. That the President may employ such part of the land or naval forces
of the United States as he may deem necessary to carry out the purposes of this
title.

SEC. 10. Section fifteen of the Act entitled "An Act to codify, revise, and
amend the penal laws of the United States," approved March fourth, nineteen
hundred and nine, is hereby amended so as to read as follows:

"SEC. 15. It shall be lawful for the President to employ such part of the
land or naval forces of the United States, or of the militia thereof, as he may
deem necessary to compel any foreign vessel to depart from the United States or
any of its possessions in all cases in which, by the law of nations or the
treaties of the United States, it ought not to remain, and to detain or prevent
any foreign vessel from so departing in all cases in which, by the law of
nations or the treaties of the United States, it is not entitled to depart."

SEC. 11. The joint resolution approved March fourth, nineteen , hundred and
fifteen, "To empower the President to better enforce and maintain the neutrality
of the United States," and any Act: or parts of Acts in conflict with the
provisions of this title are hereby repealed.

TITLE VI.
SEIZURE OF ARMS AND OTHER ARTICLES INTENDED FOR EXPORT.

SECTION 1. Whenever an attempt is made to export or ship from or take out of
the United States, any arms or munitions of war, or other articles, in violation
of law, or whenever there shall be known or probable cause to believe that any
such arms or munitions of war, or other articles, are being or are intended to
be exported, or shipped from, or taken out of the United States, in violation of
law, the several, collectors, naval officers, surveyors, inspectors of customs,
and mar-

(
224) -shals, and deputy marshals of the United States, and every other
person duly authorized for the purpose by the President, may seize and detain
any articles or munitions of war about to be exported or shipped from, or taken
out of the United States, in violation of law, and the vessels or vehicles
containing the same, and retain possession thereof until released or disposed of
as hereinafter directed. If upon due inquiry as hereinafter provided, the
property seized shall appear to have been about to be so unlawfully exported,
shipped from, or taken out of the United States, the same shall be forfeited to
the United States.

SEC. 2. It shall be the duty of the person making any seizure under this
title to apply, with due diligence, to the judge of the district court of the
United States, or to the judge of the United States district court of the Canal
Zone, or to the judge of a court of first instance in the Philippine Islands,
having jurisdiction over the place within which the seizure is made, for a
warrant to justify the further detention of the property so seized, which
warrant shall be granted only on oath or affirmation showing that there is known
or probable cause to believe that the property seized is being or is intended to
be exported or shipped from or taken out of the United States in violation of
law; and if the judge refuses to issue the warrant, or application therefor is
not made by the person making the seizure within a reasonable time, not
exceeding ten days after the seizure, the property shall forthwith be restored
to the owner or person from whom seized. If the judge is satisfied that the
seizure was justified under the provisions of this title and issues his warrant
accordingly, then the property shall be detained by the person seizing it until
the President, who is hereby expressly authorized so to do, orders it to be
restored to the owner or claimant, or until it is discharged in due course of
law on petition of the claimant, or on trial of condemnation proceedings, as
hereinafter provided.

SEC. 3. The owner or claimant of any property seized under this title may, at
any time before condemnation proceedings have been instituted, as hereinafter
provided, file his petition for its restoration in the district court of the
United States, or the district court of the Canal Zone, or the court of first
instance in the Philippine Islands, having jurisdiction over the place in which
the seizure was made, whereupon the court shall advance the cause for hearing
and determination with all possible dispatch, and, after causing notice to be
given to the United States attorney for the district and to the person making
the seizure, shall proceed to hear and decide whether the property seized shall
be restored to the petitioner or forfeited to the United States.

SEC. 4. Whenever the person making any seizure under this title applies for
and obtains a warrant for the detention of the property, and (a) upon the
hearing and determination of the petition of the owner or claimant restoration
is denied, or (b) the owner or claimant fails to file a petition for restoration
within thirty days after the seizure, the United States attorney for the
district wherein it was seized, upon direction of the Attorney General, shall
institute libel proceedings in the United States district court or the district
court of the Canal Zone or the court of first instance of the Philippine Islands
having jurisdiction over the place wherein the seizure was made, against the
property for condemnation; and if, after trial and hearing of the issues
involved, the property is condemned, it shall be disposed of by sale, and the
proceeds thereof, less the legal costs and charges, paid into the Treasury.

SEC. 5. The proceedings in such summary trials upon the petition of the owner
or claimant of the property seized, as well as in the libel cases herein
provided for, shall conform, as near as may be, to the proceedings ín admiralty,
except that either party may demand trial by jury of any issue of fact joined in
such libel cases, and all such proceed-

(
225) -ings shall be at the suit of and in the name of the United States:
Provided, That upon the payment of the costs and legal expenses of both the
summary trials and the libel proceedings herein provided for, and the execution
and delivery of a good and sufficient bond in an amount double the value of the
property seized, conditioned that it will not be exported or used or employed
contrary to the provisions of this title, the court, in its discretion, may
direct that it be delivered to the owners thereof or to the claimants thereof.

SEC. 6. Except in those cases in which the exportation of arms and munitions
of war or other articles is forbidden by proclamation or otherwise by the
President, as provided in section one of this title, nothing herein contained
shall be construed to extend to, or interfere with any trade in such
commodities, conducted with any foreign port or place wheresoever, or with any
other trade which might have been lawfully carried on before the passage of this
title, under the law of nations, or under the treaties or conventions entered
into by the United States, or under the laws thereof.

SEC. 7. Upon payment of the costs and legal expenses incurred in any such
summary trial for possession or libel proceedings, the President is hereby
authorized, in his discretion, to order the release and restoration to the owner
or claimant, as the case may be, of any property seized or condemned under the
provisions of this title.

SEC. 8. The President may employ such part of the land or naval forces of the
United States as he may deem necessary to carry out the purposes of this title.

TITLE VII.
CERTAIN EXPORTS IN TIME OF WAR UNLAWFUL.

SECTION 1. Whenever during the present war the President shall find that the
public safety shall so require, and shall make proclamation thereof, it shall be
unlawful to export from or ship from or take out of the United States to any
country named in such proclamation any article or articles mentioned in such
proclamation, except at such time or times, and under such regulations and
orders, and subject to such limitations and exceptions as the President shall
prescribe, until otherwise ordered by the President or by Congress: Provided,
however, That no preference shall be given to the ports of one State over those
of another.

SEC. 2. Any person who shall export, ship, or take out, or deliver or attempt
to deliver for export, shipment, or taking out, any article in violation of this
title, or of any regulation or order made hereunder, shall be fined not more
than $10,000, or, if a natural person, imprisoned for not more than two years,
or both; and any article so delivered or exported, shipped, or taken out, or so
attempted to be delivered or exported, shipped, or taken out, shall be seized
and forfeited to the United States; and any officer, director, or agent of a
corporation who participates in any such violation shall be liable to like fine
or imprisonment, or both.

SEC. 3. Whenever there is reasonable cause to believe that any vessel,
domestic or foreign, is about to carry out of the United States any article or
articles in violation of the provisions of this title, the collector of customs
for the district in which such vessel is located is hereby authorized and
empowered, subject to review by the Secretary of Commerce, to refuse clearance
to any such vessel, domestic or foreign, for which clearance is required by law,
and by formal notice served upon the owners, master, or person or persons in
command or charge of any domestic vessel for which clearance is not required by
law, to forbid the departure of such vessel from the port, and it shall
thereupon be unlawful for such vessel to depart. Whoever, in vio-

(
226) -lation of any of the provisions of this section shall take, or attempt
to take, or authorize the taking of any such vessel, out of port or from the
jurisdiction of the United States, shall be fined not more than $10,000 or
imprisoned not more than two years, or both; and, in addition, such vessel, her
tackle, apparel, furniture, equipment, and her forbidden cargo shall be
forfeited to the United States.

TITLE VIII.
DISTURBANCE OF FOREIGN RELATIONS.

SECTION 1. Whoever, in relation to any dispute or controversy between a
foreign government and the United States, shall willfully and knowingly make any
untrue statement, either orally or in writing, under oath before any person
authorized and empowered to administer oaths, which the affiant has knowledge or
reason to believe will, or may be used to influence the measures or conduct of
any foreign government, or of any officer or agent of any foreign government, to
the injury of the United States, or with a view or intent to influence any
measure of or action by the Government of the United States, or any branch
thereof, to the injury of the United States, shall be fined not more than $5,000
or imprisoned not more than five years, or both.

SEC. 2. Whoever within the jurisdiction of the United States shall falsely
assume or pretend to be a diplomatic or consular, or other official of a foreign
government duly accredited as such to the Government of the United States with
intent to defraud such foreign government or any person, and shall take upon
himself to act as such, or in such pretended character shall demand or obtain,
or attempt to obtain from any person or from said foreign government, or from
any officer thereof, any money, paper, document, or other thing of value, shall
be fined not more than $5,000, or imprisoned not more than five years, or both.

SEC. 3. Whoever, other than a diplomatic or consular officer or attaché,
shall act in the United States as an agent of a foreign government without prior
notification to the Secretary of State shall be fined not more than $5,000, or
imprisoned not more than five years, or both.

SEC. 4. The words "foreign government," as used in this Act and in sections
one hundred and fifty-six, one hundred and fifty-seven one hundred and
sixty-one, one hundred and seventy, one hundred and seventy-one, one hundred and
seventy-two, one hundred and seventy-three, and two hundred and twenty of the
Act of March fourth, nineteen hundred and nine, entitled "An Act to codify,
revise, and amend the penal laws of the United States," shall be deemed to
include any Government, faction, or body of insurgents within a country with
which the United States is at peace, which Government, faction, or body of
insurgents may or may not have been recognized by the United States as a
Government.

SEC. 5. If two or more persons within the jurisdiction of the United States
conspire to injure or destroy specific property situated within a foreign
country and belonging to a foreign Government or to any political subdivision
thereof with which the United States is at peace, or any railroad, canal,
bridge, or other public utility so situated, and if one or more of such persons
commits an act within the jurisdiction of the United States to effect the object
of the conspiracy, each of the parties to the conspiracy shall be fined not more
than $5,000, or imprisoned not more than three years, or both. Any indictment or
information under this section shall describe the specific property which it was
the object of the conspiracy to injure or destroy.

(
227)

TITLE IX.
PASSPORTS.

SECTION 1. Before a passport is issued to any person by or under authority of
the United States such person shall subscribe to and submit a written
application duly verified by his oath before a person authorized and empowered
to administer oaths, which said application shall contain a true recital of each
and every matter of fact which may be required by law or by any rules authorized
by law to be stated as a prerequisite to the issuance of any such passport.
Clerks of United States courts, agents of the Department of State, or other
Federal officials authorized, or who may be authorized, to take passport
applications and administer oaths thereon, shall collect, for all services in
connection therewith, a fee of $1, and no more, in lieu of all fees prescribed
by any statute of the United States, whether the application is executed singly,
in duplicate, or in triplicate.

SEC. 2. Whoever shall willfully and knowingly make any false statement in an
application for passport with intent to induce or secure the issuance of a
passport under the authority of the United States, either for his own use or the
use of another, contrary to the laws regulating the issuance of passports or the
rules prescribed pursuant to such laws, or whoever shall willfully and knowingly
use or attempt to use, or furnish to another for use, any passport the issue of
which was secured in any way by reason of any false statement, shall be fined
not more than $2,000 or imprisoned not more than five years or both.

SEC. 3. Whoever shall willfully and knowingly use, or attempt to use, any
passport issued or designed for the use of another than himself, or whoever
shall willfully and knowingly use or attempt to use any passport in violation of
the conditions or restrictions therein contained, or of the rules prescribed
pursuant to the laws regulating the issuance of passports, which said rules
shall be printed on the passport; or whoever shall willfully and knowingly
furnish, dispose of, or deliver a passport to any person, for use by another
than the person for whose use it was originally issued and designed, shall be
fined not more than $2,000 or imprisoned not more than five years, or both.

SEC. 4. Whoever shall falsely make, forge, counterfeit, mutilate, or alter,
or cause or procure to be falsely made, forged, counterfeited, mutilated, or
altered any passport or instrument purporting to be a passport, with intent to
use the same or with intent that the same may be used by another; or whoever
shall willfully or knowingly use, or attempt to use, or furnish to another for
use any such false, forged, counterfeited, mutilated, or altered passport or
instrument purporting to be a passport, or any passport validly issued which has
become void by the occurrence of any condition therein prescribed invalidating
the same, shall be fined not more than $2,000 or imprisoned not more than five
years, or both.

TITLE X.
COUNTERFEITING GOVERNMENT SEAL.

SECTION 1. Whoever shall fraudulently or wrongfully affix or impress the seal
of any executive department, or of any bureau, commission, or office of the
United States, to or upon any certificate, instrument, commission, document, or
paper of any description; or whoever, with knowledge of its fraudulent
character, shall with wrongful or fraudulent intent use, buy, procure, sell, or
transfer to another any such certificate, instrument, commission, document, or
paper, to

(
228) which or upon which said seal has been so fraudulently affixed or
impressed, shall be fined not more than $5,000 or imprisoned not more than five
years, or both.

SEC. 2. Whoever shall falsely make, forge, counterfeit, mutilate, or alter,
or cause or procure to be made, forged, counterfeited, mutilated, or altered, or
shall willingly assist in falsely making, forging, counterfeiting, mutilating,
or altering, the seal of any executive department, or any bureau, commission, or
office of the United States, or whoever shall knowingly use, affix, or impress
any such fraudulently made, forged, counterfeited, mutilated, or altered seal to
or upon any certificate, instrument, commission, document, or paper, of any
description, or whoever with wrongful or fraudulent intent shall have possession
of any such falsely made, forged, counterfeited, mutilated, or altered seal,
knowing the same to have been so falsely made, forged, counterfeited, mutilated,
or altered, shall be fined not more than $5,000 or imprisoned not more than ten
years, or both.

SEC. 3. Whoever shall falsely make, forge, counterfeit, alter, or tamper with
any naval, military, or official pass or permit, issued by or under the
authority of the United States, or with wrongful or fraudulent intent shall use
or have in his possession any such pass or permit, or shall personate or falsely
represent himself to be or not to be a person to whom such pass or permit has
been duly issued, or shall willfully allow any other person to have or use any
such pass or permit, issued for his use alone, shall be fined not more than
$2,000 or imprisoned not more than five years, or both.

TITLE XI.
SEARCH WARRANTS.

L SECTION 1. A search warrant authorized by this title may be issued by a
judge of a United States district court, or by a judge of a State or Territorial
court of record, or by a United States commissioner for the district wherein the
property sought is located.

SEC. 2. A search warrant may be issued under this title upon either of the
following grounds:

1. When the property was stolen or embezzled in violation of a law of the
United States; in which case it may be taken on the warrant from any house or
other place in which it is concealed, or from the possession of the person by
whom it was stolen or embezzled, or from any person in whose possession it may
be.

2. When the property was used as the means of committing a felony; in which
case it may be taken on the warrant from any house or other place in which it is
concealed, or from the possession of the person by whom it was used in the
commission of the offense, or from any person in whose possession it may be.

3. When the property, or any paper, is possessed, controlled, or used in
violation of section twenty-two of this title; in which case it may be taken on
the warrant from the person violating said section, or from any person in whose
possession it may be, or from any house or other place in which it is concealed.

SEC. 3. A search warrant can not be issued but upon probable cause, supported
by affidavit, naming or describing the person and particularly describing the
property and the place to be searched.

SEC. 4. The judge or commissioner must, before issuing the warrant, examine
on oath the complainant and any witness he may produce, and require their
affidavits or take their depositions in writing and cause them to be subscribed
by the parties making them.

SEC. 5. The affidavits or depositions must set forth the facts tending to
establish the grounds of the application or probable cause for believing that
they exist.

(
229)

SEC. 6. If the judge or commissioner is thereupon satisfied of the existence
of the grounds of the application or that there is probable cause to believe
their existence, he must issue a search warrant, signed by him with his name of
office, to a civil officer of the United States duly authorized to enforce or
assist in enforcing any law thereof, or to a person so duly authorized by the
President of the United States, stating the particular grounds or probable cause
for its issue and the names of the persons whose affidavits have been taken in
support thereof, and commanding him forthwith to search the person or place
named, for the property specified, and to bring it before the judge or
commissioner.

SEC. 7. A search warrant may in all cases be served by any of the officers
mentioned in its direction, but by no other person, except in aid of the officer
on his requiring it, he being present and acting in its execution.

SEC. 8. The officer may break open any outer or inner door or window of a
house, or any part of a house, or anything therein, to execute the warrant, if,
after notice of his authority and purpose, he is refused admittance.

SEC. 9. He may break open any outer or inner door or window of a house for
the purpose of liberating a person who, having entered to aid him in the
execution of the warrant, is detained therein, or when necessary for his own
liberation.

SEC. 10. The judge or commissioner must insert a direction in the warrant
that it be served in the daytime, unless the affidavits are positive that the
property is on the person or in the place to be searched, in which case he may
insert a direction that it be served at any time of the day or night.

SEC. 11. A search warrant must be executed and returned to the judge or
commissioner who issued it within ten days after its date; after the expiration
of this time the warrant, unless executed, is void.

SEC. 12. When the officer takes property under the warrant, he must give a
copy of the warrant together with a receipt for the property taken (specifying
it in detail) to the person from whom it was taken by him, or in whose
possession it was found; or, in the absence of any person, he must leave it in
the place where he found the property.

SEC. 13. The officer must forthwith return the warrant to the judge or
commissioner and deliver to him a written inventory of the property taken, made
publicly or in the presence of the person from whose possession it was taken,
and of the applicant for the warrant, if they are present, verified by the
affidavit of the officer at the foot of the inventory and taken before the judge
or commissioner at the time, to the following effect: "I, R. S., the officer by
whom this warrant was executed, do swear that the above inventory contains a
true and detailed account of all the property taken by me on the warrant."

SEC. 14. The judge or commissioner must thereupon, if required, deliver a
copy of the inventory to the person from whose possession the property was taken
and to the applicant for the warrant.

SEC. 15. If the grounds on which the warrant was issued be controverted, the
judge or commissioner must proceed to take testimony in relation thereto, and
the testimony of each witness must be reduced to writing and subscribed by each
witness.

SEC. 16. If it appears that the property or paper taken is not the same as
that described in the warrant or that there is no probable cause for believing
the existence of the grounds on which the warrant was issued, the judge or
commissioner must cause it to be restored to the person from whom it was taken;
but if it appears that the property or paper taken is the same as that described
in

(
230) the warrant and that there is probable cause for believing the
existence of the grounds on which the warrant was issued, then the judge or
commissioner shall order the same retained in the custody of the person seizing
it or to be otherwise disposed of according to law.

SEC. 17. The judge or commissioner must annex the affidavits, search warrant,
return, inventory, and evidence, and if he has not power to inquire into the
offense in respect to which the warrant was issued he must at once me the same,
together with a copy of the record of his proceedings, with the clerk of the
court having power to so inquire.

SEC. 18. Whoever shall knowingly and willfully obstruct, resist, or oppose
any such officer or person in serving or attempting to serve or execute any such
search warrant, or shall assault, beat, or wound any such officer or person,
knowing him to be an officer or person so authorized, shall be fined not more
than $1,000 or imprisoned not more than two years.

SEC. 19. Sections one hundred and twenty-five and one hundred and twenty-six
of the Criminal Code of the United States shall apply to and embrace all persons
making oath or affirmation or procuring the same under the provisions of this
title, and such persons shall be subject to all the pains and penalties of said
sections.

SEC. 20. A person who maliciously and without probable cause procures a
search warrant to be issued and executed shall be fined not more than $1,000 or
imprisoned not more than one year.

SEC 21. An officer who in executing a search warrant willfully exceeds his
authority, or exercises it with unnecessary severity, shall be fined not more
than $1,000 or imprisoned not more than one year.

SEC. 22. Whoever, in aid of any foreign Government, shall knowingly and
willfully have possession of or control over any property or papers designed or
intended for use or which is used as the means of violating any penal statute,
or any of the rights or obligations of the United States under any treaty or the
law of nations, shall be fined not more than $1,000 or imprisoned not more than
two years, or both.

SEC. 23. Nothing contained in this title shall be held to repeal or impair
any existing provisions of law regulating search and the issue of search
warrants.

TITLE XII.
USE OF MAILS.

SECTION 1. Every letter, writing, circular, postal card, picture, print,
engraving, photograph, newspaper, pamphlet, book, or other publication, matter,
or thing, of any kind, in violation of any of the provisions of this Act is
hereby declared to be nonmailable matter and shall not be conveyed in the mails
or delivered from any post office or by any letter carrier: Provided, That
nothing in this Act shall be so construed as to authorize any person other than
an employe of the Dead Letter Office, duly authorized thereto, or other person
upon a search warrant authorized by law, to open any letter not addressed to
himself.

SEC. 2. Every letter, writing, circular, postal card, picture, print,
engraving, photograph, newspaper, pamphlet, book, or other publication, matter
or thing, of any kind, containing any matter advocating or urging treason,
insurrection, or forcible resistance to any law of the United States, is hereby
declared to be nonmailable.

SEC. 3. Whoever shall use or attempt to use the mails or Postal Service of
the United States for the transmission of any matter de-

(
231) -clared by this title to be nonmailable, shall be fined not more than
$5,000 or imprisoned not more than five years, or both. Any person violating any
provision of this title may be tried and punished either in the district in
which the unlawful matter or publication was mailed, or to which it was carried
by mail for delivery according to the direction thereon, or in which it was
caused to be delivered by mail to ,the person to whom it was addressed.

TITLE XIII.
GENERAL PROVISIONS.

SECTION 1. The term "United States" as used in this Act includes the Canal
Zone and all territory and waters, continental or insular, subject to the
jurisdiction of the United States.

SEC. 2. The several courts of first instance in the Philippine Islands and
the district court of the Canal Zone shall have jurisdiction of offenses under
this Act committed within their respective districts, and concurrent
jurisdiction with the district courts of the United States of offenses under
this Act committed upon the high seas, and of conspiracies to commit such
offenses, as defined by section thirty-seven of the Act entitled "An Act to
codify, revise, and amend the penal laws of the United States," approved March
fourth, nineteen hundred and nine, and the provisions of said section, for the
purpose of this Act, are hereby extended to the Philippine Islands, and to the
Canal Zone. In such cases the district attorneys of the Philippine Islands and
of the Canal Zone shall have the powers and perform the duties provided in this
Act for United States attorneys.

SEC. 3. Offenses committed and penalties, forfeitures, or liabilities
incurred prior to the taking effect hereof under any law embraced in or changed,
modified, or repealed by any chapter of this Act may be prosecuted and punished,
and suits and proceedings for causes arising or acts done or committed prior to
the taking effect hereof may be commenced and prosecuted, in the same manner and
with the same effect as if this Act had not been passed.

SEC. 4. If any clause, sentence, paragraph, or part of this Act shall for any
reason be adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair, or invalidate the remainder thereof but shall
be confined in its operation to the clause, sentence, paragraph, or part thereof
directly involved in the controversy in which such judgment shall have been
rendered.

Approved, June 15, 1917.

Notes

The original published version of this document is in the public domain. The Mead Project exercises no copyrights over the original text.

This page and related Mead Project pages constitute the personal web-site
of Dr. Lloyd Gordon Ward (retired), who is responsible for its content.
Although the Mead Project continues to be presented through the
generosity of Brock University, the contents of this page do not reflect
the opinion of Brock University. Brock University is not responsible for
its content.

Fair Use Statement:

Scholars are permitted to reproduce this material for personal use.
Instructors are permitted to reproduce this material for educational use by
their students.

Otherwise, no part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording or any information storage or retrieval system, for the purpose of profit or personal benefit, without written permission from the Mead Project. Permission is granted for inclusion of the electronic text of these pages, and their related images in any index that provides free access to its listed documents.